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HomeMy WebLinkAbout1997-06-18; Planning Commission; Resolution 4123A v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e * PLANNING COMMISSION RESOLUTION NO. 4123 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE CONSTRUCTION OF TWO GATED ENTRIES FOR THE BELLA LAGO DEVELOPMENT (AVIARA PLANNING AREA 28) ON PROPERTY GENERALLY LOCATED SOUTH OF BATIQUITOS DRIVE, AT PELICAN DRIVE AND SHOREBIRD LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19 CASE NAME: BELLA LAGO ENTRY CASE NO.: SDP 97-06 WHEREAS, Brookfield Carlsbad, “Developer”, has filed a verified applic with the City of Carlsbad regarding property owned by Brookfield Carlsbad, ‘‘OF described as DEVELOPMENT PLAN NO. SDP 97-06 TO ALLOW THE A portion of lots 1,32,48 and 64 of Carlsbad Tract No CT 90- 31, according to Map No. 13369, filed in the Office of the County Recorder on November 11, 1996, in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Develo: Permit as shown on Exhibits “A” - “F” , dated June 18, 1997, on file in the Pls Department, Site Development Plan SDP 97-06 as provided by Chapter 21.06 of the Ca Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of June 1997, duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all test and arguments, if any, of all persons desiring to be heard, said Commission considered all : relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1, Commission of the City of Carlsbad as follows: 0 0 b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Plan Commission APPROVING the Site Development Plan, SDP 97-06 based 01 following findings and subject to the following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and environn settings, is consistent with the various elements and objectives of the General Plar not be detrimental to existing uses or to uses specifically permitted in the area in 7 the proposed use is to be located, and will not adversely impact the site, surroundil traffic circulation, in that the proposed entry improvements will not interfere adequate traffic sight distance and will not encroach into natural open space. 2. That the site for the intended use is adequate in size and shape to accommodate the L that, as shown on Exhibits “B”-“D”, dated June 18, 1997, all proposed develoF can fit within the roadside and median islands, with only those encroachment the City or private rights-of-way previously approved through CT 90-31. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to the requested use to existing or permitted future uses in the neighborhood w provided and maintained, in that no impacts to existing or future uses il neighborhood will occur due to the development of the proposed monumentation since access to the lagoon is provided through the trailhead pa area and North Shore access trail in the northwest corner of Planning Area 28. 4. That the street systems serving the proposed use is adequate to properly handle all generated by the proposed use, in that the proposed gated entries do not general significant traffic and adequate queuing distance exists between the gates am public right-of-way. 5. That the Planning Director has determined that the project is exempt fro1 requirements of the California Environmental Quality Act (CEQA) per Section 15: of the State CEQA Guidelines and will not have any adverse significant impact ( environment. Conditions: 1. The Planning Commission does hereby APPROVE the Site Development Plan 1 project entitled “Bella Lago Entry” (Exhibits “A” - “F”, dated June 18, 1997, I in the Planning Department and incorporated by this reference, subject to the con( herein set forth.) Staff is authorized and directed to make, or require Developer to all corrections and modifications to the Site Development Plan documents, as necc to make them internally consistent and in conformity with final action on the p Development shall occur substantially as shown in the approved Exhibits. Any prc PC RES0 NO. 4123 -2- * il 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e development substantially different from this approval, shall require an amendmc this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and ordinances in effect at the time of building permit issuance. 3. Approval of SDP 97-06 is granted subject to the approval of CDP 97-20. SDP 97 subject to all conditions contained in Planning Commission Resolution No. 41; CDP 97-20. 4. The Developer shall prepare a detailed landscape and irrigation plan in conformancc the approved Preliminary Landscape Plan and the City’s Landscape Manual. The shall be submitted to and approval obtained fi-om the Planning Director prior 1 approval of the final map, grading permit, or building permit, whichever occurs first Developer shall construct and install all landscaping as shown on the approved plan maintain all landscaping in a healthy and thriving condition, free from weeds, trasl debris. 5. The first submittal of detailed landscape and irrigation plans shall be accompanied 1 project’s building, improvement, and grading plans. General Condition: 6. If any of the foregoing conditions fail to occur; or if they are, by their terms, implemented and maintained over time; if any of such conditions fail to implemented and maintained according to their terms, the City shall have the ri, revoke or modify all approvals herein granted; deny or further condition issuance future building permits; deny, revoke or further condition all certificates of occu issued under the authority of approvals herein granted; institute and prosecute litigal compel their compliance with said conditions or seek damages for their violatio vested rights are gained by Developer or a successor in interest by the City’s appra this Site Development Plan. ... ... ... ... I -.* I .. . ... PC RES0 NO. 4123 -3 - 0 * 1 II PASSED, APPROVED AND ADOPTED at a regular meeting of the pla 2 3 4 5 6 7 8 9 10 11 12 13 Commission of the City of Carlsbad, California, held on the 18th day of June 1997, b following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heinc Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None .;./ J c.4 ,+” /#“ , .-i”””” L/”-” /’ :,- \, ,.‘ / j ROBE; ~ ..”,>.. “*,“a CARLSBAD PLANNING COMMISSION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: v MICHAEL J. HOLZMIL~~R Planning Director PC RES0 NO. 4123 -4-